[Federal Register Volume 62, Number 132 (Thursday, July 10, 1997)]
[Notices]
[Pages 37073-37074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18063]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental Assessment and Receipt of an
Application for an Incidental Take Permit for the Kern County Waste
Facilities Habitat Conservation Plan, Kern County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: This notice advises the public that the Kern County Waste
Management Department (Department) has applied to the Fish and Wildlife
Service for an incidental take permit pursuant to section 10(a)(1)(B)
of the Endangered Species Act of 1973, as amended. The application has
been assigned permit number PRT-830963. The proposed permit would
authorize the incidental take of San Joaquin kit fox (Vulpes macrotis
mutica), blunt-nosed leopard lizard (Gambelia silus), Tipton kangaroo
rat (Dipodomys nitratoides nitratoides), and giant kangaroo rat
(Dipodomys ingens), federally listed as endangered, and the Desert
tortoise (Gopherus agassizii) and Hoover's eriastrum (Eriastrum
hooverii), federally listed as threatened, and/or their habitat during
the operation, maintenance, expansion, and/or closure of Kern County
municipal solid waste management facilities. The proposed permit also
would authorize future incidental take of the San Joaquin antelope
squirrel (Ammospermophilus nelsoni), a currently unlisted species,
should it become listed under the Endangered Species Act in the future.
The permit would be in effect for 50 years.
The Fish and Wildlife Service also announces the availability of an
Environmental Assessment for the incidental take permit application.
The application includes the proposed Habitat Conservation Plan (Plan)
fully describing the proposed project and mitigation, and the
accompanying Implementing Agreement. This notice is provided pursuant
to section 10(a) of the Endangered Species Act and National
Environmental Policy Act regulations (40 CFR 1506.6). Comments are
specifically requested on the appropriateness of the No Surprises
assurance contained in this application, specifically outlined in
section 7 of the Plan. All comments received, including names and
addresses, will become part of the official administrative record and
may be made available to the public.
DATES: Written comments on the permit application, Environmental
Assessment and Implementing Agreement should be received on or before
August 11, 1997.
ADDRESSES: Comments regarding the application or adequacy of the
environmental assessment and Implementing Agreement should be addressed
to the Fish and Wildlife Service, Sacramento Fish and Wildlife Office,
3310 El Camino, Suite 130, Sacramento, California 95821-6340. Please
refer to permit number PRT-830963 when submitting comments. Individuals
wishing copies of the application, Environmental Assessment or
Implementing Agreement for review should immediately contact the above
office. Documents also will be available for public inspection, by
appointment, during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Ms. Tiki Baron or Mr. William Lehman,
Sacramento Fish and Wildlife Office, telephone (916) 979-2725.
SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act and
Federal regulation prohibit the ``taking'' of a species listed as
endangered or threatened, respectively. However, the Fish and Wildlife
Service, under limited circumstances, may issue permits to take listed
species incidental to, and not the purpose of, otherwise lawful
activities. Regulations governing permits for threatened species are
promulgated in 50 CFR 17.32; regulations governing permits for
endangered species are promulgated in 50 CFR 17.22.
Background
The Kern County Waste Management Department seeks coverage for take
of listed species incidental to landfill operations at all of the solid
waste facilities in Kern County, California, not covered by the
Metropolitan Bakersfield Habitat Conservation Plan.
Those facilities include 14 landfills and 2 transfer stations, all
of which are existing sites permitted by the California Integrated
Waste Management Board for waste management activities. Of the 14
landfills, one has been formally closed, two are inactive and awaiting
final closure, and 11 are active. Biological surveys indicated that 6
of the 11 active sites contained listed species and/or their habitats;
none of the 3 inactive/closed sites contained listed species or
suitable habitat. Based on these results the Department concluded that
the operation, maintenance, expansion, and eventual closure of 6 of the
landfills may result in incidental take of listed species. San Joaquin
kit fox, blunt-nosed leopard lizard, Tipton kangaroo rat, San Joaquin
antelope squirrel, and Hoover's eriastrum were all found to occur on
one or more of the 6 sites. Giant kangaroo rat and desert tortoise were
not found on any of the landfill sites, but were each recorded adjacent
to a landfill.
On-going operations at 5 of these 6 landfill sites would result in
the loss of approximately 251 acres of habitat for the listed species
noted above. To compensate for this loss, the Department proposes to
fund the permanent protection and management of approximately 755 acres
of similar habitat through purchase of credits at the ARCO Coles Levee
Ecosystem Preserve or other Service-approved site. The sixth site, the
Bakersfield Metropolitan Sanitary Landfill, contains approximately 900
acres of habitat for listed species. This site would be developed in
phases of approximately 100 acres, each of which would be restored to
habitat for listed species upon closure. To minimize impacts at the
Bakersfield Metropolitan Landfill, the Department proposes to have only
two phases (one closing while another opens) active at any time. In
addition, the Department will enhance and maintain a 963-acre buffer
around the landfill as open grazing land, managed to provide habitat
for listed species, in perpetuity. The Plan also specifies
comprehensive measures designed to minimize impacts to listed species
on all of the landfill sites.
The Environmental Assessment considers the environmental
consequences of three alternatives.
[[Page 37074]]
Alternative 1, the proposed action, consists of the issuance of an
incidental take permit to the County of Kern, and implementation of the
Plan and its Implementing Agreement. This alternative is preferred
because: (1) It satisfies the purpose and needs of the Fish and
Wildlife Service and the Kern County Waste Management Department; (2)
measures have been incorporated to avoid and minimize incidental take
to the greatest extent practicable; and (3) unavoidable impacts are
mitigated by the permanent protection of approximately 755 acres of
habitat at an approved preserve and the enhancement of approximately
963 acres surrounding the Bakersfield Metropolitan Landfill. Under
Alternative 2, the no action alternative, the Service would not issue
an incidental take permit. The Department would likely proceed with the
continued operation, maintenance, and closure of those eight landfill
sites which do not provide habitat for listed species. However, this
alternative would not allow the Department to continue operations that
would result in take of listed species at the six landfill sites where
listed species or their habitats occur. Under this alternative, the
Department also would not enhance the value of the Bakersfield
Metropolitan Landfill and its buffer as habitat for the San Joaquin kit
fox, nor would it contribute to the permanent protection of listed
species habitat through purchase of credits at an approved preserve.
Alternative 3 entails closure of one or more of the existing landfill
sites and development of new waste facilities on alternate sites.
Development of alternate sites, however, would likely result in equal
or greater impacts to listed species because most suitable alternate
sites also provide habitat for listed species.
This notice is provided pursuant to section 10(a) of the Endangered
Species Act and the National Environmental Policy Act of 1969
regulations (40 CFR 1506.6). The Service will evaluate the application,
associated documents, and comments submitted thereon to determine
whether the application meets the requirements of the National
Environmental Policy Act regulations and section 10(a) of the
Endangered Species Act. If it is determined that the requirements are
met, a permit will be issued for the incidental take of the listed
species. The final permit decision will be made no sooner than 30 days
from the date of this notice.
Dated: June 27, 1997.
Thomas J. Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-18063 Filed 7-9-97; 8:45 am]
BILLING CODE 4310-55-P
